No. 90. An act relating to campaign finance law. (S.82) It is hereby enacted by the General Assembly of the State of Vermont: Sec. 1. FINDINGS The General Assembly finds that: (1) Article 7 of Chapter I of the Vermont Constitution affirms the central principle That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community, and not for the particular emolument or advantage of any single person, family, or set of persons, who are a part only of that community;... (2) To carry out this central principle that the government is for the common benefit of the whole people of Vermont, candidates need to be responsive to the community as a whole and not to a small portion which may be funding the candidate s electoral campaign. (3) Because of the small size of Vermont communities and the personal nature of campaigning in Vermont, a key feature of Vermont electoral campaigns is the personal connection between candidates and voters. Limiting contributions to candidates encourages this connection by giving candidates an incentive to conduct grassroots campaigns that reach many constituents and many donors, rather than relying on just a few people to fund their campaigns. (4) Unduly large campaign contributions reduce public confidence in the electoral process and increase the risk and the appearance that candidates and elected officials may be beholden to contributors and not act in the best interests of all Vermont citizens.
No. 90 Page 2 of 57 (5) In Vermont, contributions greater than the amounts specified in this act are considered by the General Assembly, candidates, and elected officials to be unduly large contributions that have the ability to corrupt and create the appearance of corrupting candidates and the democratic system. (6) When a person is able to make unduly large contributions to a candidate, there is a risk of voters losing confidence in our system of representative government because voters may believe that a candidate will be more likely to represent the views of persons who make those contributions and less likely to represent views of their constituents and Vermont citizens in general. This loss of confidence may lead to increased voter cynicism and a lack of participation in the electoral process among both candidates and voters. (7) Lower limits encourage candidates to interact and communicate with a greater number of voters in order to receive contributions to help fund a campaign, rather than to rely on a small number of large contributions. This interaction between candidates and the electorate helps build a greater confidence in our representative government and is likely to make candidates more responsive to voters. (8) Different limits on contributions to candidates based on the office they seek are necessary in order for these candidates to run effective campaigns. Moreover, since it generally costs less to run an effective campaign for nonstatewide offices, a uniform limit on contributions for all
No. 90 Page 3 of 57 offices could enable contributors to exert undue influence over those nonstatewide offices. (9) In Vermont, candidates can raise sufficient monies to fund effective, competitive campaigns from contributions no larger than the amounts specified in this act. (10) Exempting certain activities of political parties from the definition of what constitutes a contribution is important so as to not overly burden collective political activity. These activities, such as using the assistance of volunteers, preparing party candidate listings, and hosting certain campaign events, are part of a party s traditional role in assisting candidates to run for office. Moreover, these exemptions help protect the right to associate in a political party. (11) Political parties play an important role in electoral campaigns and must be given the opportunity to support their candidates. Their historic role in American elections makes them different from political committees. For that reason, it is appropriate to limit contributions from political committees without imposing the same limits on political parties. (12) If independent expenditure-only political committees are allowed to receive unlimited contributions, they may eclipse political parties. This would be detrimental to the electoral system because such committees can be controlled by a small number of individuals who finance them. In contrast,
No. 90 Page 4 of 57 political parties are created by a representative process of delegates throughout the State. (13) Large independent expenditures by independent expenditure-only political committees can unduly influence the decision-making, legislative voting, and official conduct of officeholders and candidates through the committees positive or negative advertising regarding their election for office. It also causes officeholders and candidates to act in a manner that either encourages independent expenditure-only committees to support them or discourages those committees from attacking them. Thus, candidates can become beholden to the donors who make contributions to these independent expenditure-only committees. However, the current legal landscape regarding the constitutionality of imposing limits on contributions to independent expenditure-only political committees is uncertain. Therefore, under this act, the General Assembly will impose limits on contributions to independent expenditure-only political committees if the final disposition of a case before the U.S. Court of Appeals for the Second Circuit or the U.S. Supreme Court holds that limits on contributions to independent expenditure-only political committees are constitutional. (14) In order to provide the electorate with information regarding who seeks to influence their votes through campaign advertising; to make campaign financing more transparent; to aid voters in evaluating those seeking office; to deter actual corruption and avoid its appearance by exposing contributions and
No. 90 Page 5 of 57 expenditures to the light of publicity; and to gather data necessary to detect violations of contributions limits, it is imperative that Vermont increase the frequency of campaign finance reports and include more information in electioneering communications. (15) Increasing identification information in electioneering communications will enable the electorate to evaluate immediately the speaker s message and will bolster the sufficiently important interest in permitting Vermonters to learn the sources of significant influence in our State s elections. (16) Limiting contributions to political committees and political parties prevents persons from hiding behind these entities when making election-related expenditures. It encourages persons wishing to fund communications to do so directly in their own names. In this way, limiting contributions to political committees and political parties is another method of fostering greater transparency. When a person makes an expenditure on electioneering communications in the person s own name, that name, rather than that of a political committee or a political party to which the person contributed, appears on the face of the communication. This provides the public with immediate information as to the identity of the communication s funder. (17) The General Assembly is aware of reports of potential corruption in other states and in federal politics. It is important to enact legislation that will
No. 90 Page 6 of 57 prevent corruption here and maintain the electorate s confidence in the integrity of Vermont s government. (18) This act is necessary in order to implement more fully the provisions of Article 8 of Chapter I of the Constitution of the State of Vermont, which declares That all elections ought to be free and without corruption, and that all voters, having a sufficient, evident, common interest with, and attachment to the community, have a right to elect officers, and be elected into office, agreeably to the regulations made in this constitution. Sec. 2. REPEAL 17 V.S.A. chapter 59 (campaign finance) is repealed. Sec. 3. 17 V.S.A. chapter 61 is added to read: CHAPTER 61. CAMPAIGN FINANCE Subchapter 1. General Provisions 2901. DEFINITIONS As used in this chapter: (1) Candidate means an individual who has taken affirmative action to become a candidate for State, county, local, or legislative office in a primary, special, general, or local election. An affirmative action shall include one or more of the following: (A) accepting contributions or making expenditures totaling $500.00 or more;
No. 90 Page 7 of 57 (B) filing the requisite petition for nomination under this title or being nominated by primary or caucus; or (C) announcing that the individual seeks an elected position as a State, county, or local officer or a position as Representative or Senator in the General Assembly. (2) Candidate s committee means the candidate s campaign staff, whether paid or unpaid. (3) Clearly identified, with respect to a candidate, means: (A) the name of the candidate appears; (B) a photograph or drawing of the candidate appears; or (C) the identity of the candidate is apparent by unambiguous reference. (4) Contribution means a payment, distribution, advance, deposit, loan, or gift of money or anything of value, paid or promised to be paid for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing one or more candidates in any election. As used in this chapter, contribution shall not include any of the following: (A) a personal loan of money to a candidate from a lending institution made in the ordinary course of business; (B) services provided without compensation by individuals volunteering their time on behalf of a candidate, political committee, or political party;
No. 90 Page 8 of 57 (C) unreimbursed travel expenses paid for by an individual for himself or herself who volunteers personal services to a candidate; (D) unreimbursed campaign-related travel expenses paid for by the candidate or the candidate s spouse; (E) the use by a candidate or volunteer of his or her own personal property, including offices, telephones, computers, and similar equipment; (F) the use of a political party s offices, telephones, computers, and similar equipment; (G) the payment by a political party of the costs of preparation, display, or mailing or other distribution of a party candidate listing; (H) documents, in printed or electronic form, including party platforms, single copies of issue papers, information pertaining to the requirements of this title, lists of registered voters, and voter identification information created, obtained, or maintained by a political party for the general purpose of party building and provided to a candidate who is a member of that party or to another political party; (I) compensation paid by a political party to its employees whose job responsibilities are not for the specific and exclusive benefit of a single candidate in any election; (J) compensation paid by a political party to its employees or consultants for the purpose of providing assistance to another political party; (K) campaign training sessions provided to three or more candidates;
No. 90 Page 9 of 57 (L) costs paid for by a political party in connection with a campaign event at which three or more candidates are present; or (M) activity or communication designed to encourage individuals to register to vote or to vote if that activity or communication does not mention or depict a clearly identified candidate. (5) Election means the procedure whereby the voters of this State or any of its political subdivisions select a person to be a candidate for public office or to fill a public office or to act on public questions including voting on constitutional amendments. Each primary, general, special, or local election shall constitute a separate election. (6) Electioneering communication means any communication that refers to a clearly identified candidate for office and that promotes or supports a candidate for that office or attacks or opposes a candidate for that office, regardless of whether the communication expressly advocates a vote for or against a candidate, including communications published in any newspaper or periodical or broadcast on radio or television or over the Internet or any public address system; placed on any billboards, outdoor facilities, buttons, or printed material attached to motor vehicles, window displays, posters, cards, pamphlets, leaflets, flyers, or other circulars; or contained in any direct mailing, robotic phone calls, or mass e-mails. (7) Expenditure means a payment, disbursement, distribution, advance, deposit, loan, or gift of money or anything of value, paid or promised
No. 90 Page 10 of 57 to be paid, for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing one or more candidates. As used in this chapter, expenditure shall not include any of the following: (A) a personal loan of money to a candidate from a lending institution made in the ordinary course of business; (B) services provided without compensation by individuals volunteering their time on behalf of a candidate, political committee, or political party; (C) unreimbursed travel expenses paid for by an individual for himself or herself who volunteers personal services to a candidate; or (D) unreimbursed campaign-related travel expenses paid for by the candidate or the candidate s spouse. (8) Four-year general election cycle means the 48-month period that begins 38 days after a general election for a four-year-term office. (9) Full name means an individual s full first name, middle name or initial, if any, and full legal last name, making the identity of the person who made the contribution apparent by unambiguous reference. (10) Independent expenditure-only political committee means a political committee that conducts its activities entirely independent of candidates; does not give contributions to candidates, political committees, or political parties; does not make related expenditures; and is not closely related
No. 90 Page 11 of 57 to a political party or to a political committee that makes contributions to candidates or makes related expenditures. (11) Mass media activity means a television commercial, radio commercial, mass mailing, mass electronic or digital communication, literature drop, newspaper or periodical advertisement, robotic phone call, or telephone bank, which includes the name or likeness of a clearly identified candidate for office. (12) Party candidate listing means any communication by a political party that: (A) lists the names of at least three candidates for election to public office; (B) is distributed through public advertising such as broadcast stations, cable television, newspapers, and similar media or through direct mail, telephone, electronic mail, a publicly accessible site on the Internet, or personal delivery; (C) treats all candidates in the communication in a substantially similar manner; and (D) is limited to: (i) the identification of each candidate, with which pictures may be used; (ii) the offices sought; (iii) the offices currently held by the candidates;
No. 90 Page 12 of 57 (iv) the party affiliation of the candidates and a brief statement about the party or the candidates positions, philosophy, goals, accomplishments, or biographies; (v) encouragement to vote for the candidates identified; and (vi) information about voting, such as voting hours and locations. (13) Political committee or political action committee means any formal or informal committee of two or more individuals or a corporation, labor organization, public interest group, or other entity, not including a political party, which accepts contributions of $1,000.00 or more and makes expenditures of $1,000.00 or more in any two-year general election cycle for the purpose of supporting or opposing one or more candidates, influencing an election, or advocating a position on a public question in any election, and includes an independent expenditure-only political committee. (14) Political party means a political party organized under chapter 45 of this title and any committee established, financed, maintained, or controlled by the party, including any subsidiary, branch, or local unit thereof, and shall be considered a single, unified political party. The national affiliate of the political party shall be considered a separate political party. (15) Public question means an issue that is before the voters for a binding decision.
No. 90 Page 13 of 57 (16) Single source means an individual, partnership, corporation, association, labor organization, or any other organization or group of persons which is not a political committee or political party. (17) Telephone bank means more than 500 telephone calls of an identical or substantially similar nature that are made to the general public within any 30-day period. (18) Two-year general election cycle means the 24-month period that begins 38 days after a general election. 2902. EXCEPTIONS The definitions of contribution, expenditure, and electioneering communication shall not apply to: (1) any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication that has not been paid for or such facilities are not owned or controlled by any political party, committee, or candidate; or (2) any communication distributed through a public access television station if the communication complies with the laws and rules governing the station and if all candidates in the race have an equal opportunity to promote their candidacies through the station.
No. 90 Page 14 of 57 2903. PENALTIES (a) A person who knowingly and intentionally violates a provision of subchapter 2, 3, or 4 of this chapter shall be fined not more than $1,000.00 or imprisoned not more than six months, or both. (b) A person who violates any provision of this chapter shall be subject to a civil penalty of up to $10,000.00 for each violation and shall refund the unspent balance of Vermont campaign finance grants received under subchapter 5 of this chapter, if any, calculated as of the date of the violation. (c) In addition to the other penalties provided in this section, a State s Attorney or the Attorney General may institute any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate any violation of this chapter. 2904. CIVIL INVESTIGATION (a)(1) The Attorney General or a State s Attorney, whenever he or she has reason to believe any person to be or to have been in violation of this chapter or of any rule or regulation made pursuant to this chapter, may examine or cause to be examined by any agent or representative designated by him or her for that purpose any books, records, papers, memoranda, or physical objects of any nature bearing upon each alleged violation and may demand written responses under oath to questions bearing upon each alleged violation. (2) The Attorney General or a State s Attorney may require the attendance of such person or of any other person having knowledge in the
No. 90 Page 15 of 57 premises in the county where such person resides or has a place of business or in Washington County if such person is a nonresident or has no place of business within the State and may take testimony and require proof material for his or her information and may administer oaths or take acknowledgment in respect of any book, record, paper, or memorandum. (3) The Attorney General or a State s Attorney shall serve notice of the time, place, and cause of such examination or attendance or notice of the cause of the demand for written responses personally or by certified mail upon such person at his or her principal place of business or, if such place is not known, to his or her last known address. Such notice shall include a statement that a knowing and intentional violation of subchapters 2 through 4 of this chapter is subject to criminal prosecution. (4) Any book, record, paper, memorandum, or other information produced by any person pursuant to this section shall not, unless otherwise ordered by a court of this State for good cause shown, be disclosed to any person other than the authorized agent or representative of the Attorney General or a State s Attorney or another law enforcement officer engaged in legitimate law enforcement activities unless with the consent of the person producing the same, except that any transcript of oral testimony, written responses, documents, or other information produced pursuant to this section may be used in the enforcement of this chapter, including in connection with
No. 90 Page 16 of 57 any civil action brought under section 2903 of this subchapter or subsection (c) of this section. (5) Nothing in this subsection is intended to prevent the Attorney General or a State s Attorney from disclosing the results of an investigation conducted under this section, including the grounds for his or her decision as to whether to bring an enforcement action alleging a violation of this chapter or of any rule or regulation made pursuant to this chapter. (6) This subsection shall not be applicable to any criminal investigation or prosecution brought under the laws of this or any state. (b)(1) A person upon whom a notice is served pursuant to the provisions of this section shall comply with its terms unless otherwise provided by the order of a court of this State. (2) Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this section, removes from any place; conceals, withholds, or destroys; or mutilates, alters, or by any other means falsifies any documentary material in the possession, custody, or control of any person subject to such notice or mistakes or conceals any information shall be fined not more than $5,000.00. (c)(1) Whenever any person fails to comply with any notice served upon him or her under this section or whenever satisfactory copying or reproduction of any such material cannot be done and the person refuses to surrender the material, the Attorney General or a State s Attorney may file, in the Superior
No. 90 Page 17 of 57 Court in the county in which the person resides or has his or her principal place of business or in Washington County if the person is a nonresident or has no principal place of business in this State, and serve upon the person a petition for an order of the court for the enforcement of this section. (2) Whenever any petition is filed under this section, the court shall have jurisdiction to hear and determine the matter so presented and to enter any order or orders as may be required to carry into effect the provisions of this section. Any disobedience of any order entered under this section by any court shall be punished as a contempt of the court. (d) Any person aggrieved by a civil investigation conducted under this section may seek relief from Washington Superior Court or the Superior Court in the county in which the aggrieved person resides. Except for cases the court considers to be of greater importance, proceedings before Superior Court as authorized by this section shall take precedence on the docket over all other cases. 2905. ADJUSTMENTS FOR INFLATION (a) Whenever it is required by this chapter, the Secretary of State shall make adjustments to monetary amounts provided in this chapter based on the Consumer Price Index. Increases shall be rounded to the nearest $10.00 and shall apply for the term of two two-year general election cycles. Increases shall be effective for the first two-year general election cycle beginning after the general election held in 2016.
No. 90 Page 18 of 57 (b) On or before the first two-year general election cycle beginning after the general election held in 2016, the Secretary of State shall calculate and publish on the online database set forth in section 2906 of this chapter each adjusted monetary amount that will apply to those two two-year general election cycles. On or before the beginning of each second subsequent two-year general election cycle, the Secretary of State shall publish the amount of each adjusted monetary amount that shall apply for that two-year general election cycle and the next two-year general election cycle. 2906. CAMPAIGN DATABASE; CANDIDATE INFORMATION WEB PAGE (a) Campaign database. For each election, the Secretary of State shall develop and continually update a publicly accessible campaign database which shall be made available to the public through the Secretary of State s home page online service or through printed reports from the Secretary of State in response to a public request within 14 days of the date of the request. The database shall contain: (1) at least the following information for all candidates for statewide, county, and local office and for the General Assembly: (A) for candidates receiving public financing grants, the amount of each grant awarded; and (B) the information contained in any reports submitted pursuant to subchapter 4 of this chapter;
No. 90 Page 19 of 57 (2) an Internet link to campaign finance reports filed by Vermont s candidates for federal office; (3) the adjustments for inflation made to monetary amounts as required by this chapter; and (4) any photographs, biographical sketches, and position statements submitted to the Secretary of State pursuant to subsection (b) of this section. (b) Candidate information web page. (1) Any candidate for statewide office and any candidate for federal office qualified to be on the ballot in this State may submit to the Secretary of State a photograph, biographical sketch, and position statement of a length and format specified by the Secretary of State for the purposes of preparing a candidate information web page within the website of the Secretary of State. (2) Without making any substantive changes in the material presented, the Secretary of State shall prepare a candidate information web page on the Secretary of State s website, which includes the candidates photographs, biographies, and position statements; a brief explanation of the process used to obtain candidate submissions; and, with respect to offices for which public financing is available, an indication of which candidates are receiving Vermont campaign finance grants and which candidates are not receiving Vermont campaign finance grants.
No. 90 Page 20 of 57 (3) The Secretary of State shall populate the candidate information web page by posting each candidate s submission no later than three business days after receiving the candidate s submission. 2907. ADMINISTRATION The Secretary of State shall administer this chapter and shall perform all duties required under this chapter. The Secretary of State may employ or contract for the services of persons necessary for performance of these duties. Subchapter 2. Registration and Maintenance Requirements 2921. CANDIDATES; REGISTRATION; CHECKING ACCOUNT; TREASURER (a) Each candidate who has made expenditures or accepted contributions of $500.00 or more in an election cycle shall register with the Secretary of State within 10 days of reaching the $500.00 threshold or on the date that the next report is required of the candidate under this chapter, whichever occurs first, stating his or her full name and address; the office the candidate is seeking; the name and address of the bank in which the candidate maintains his or her campaign checking account; and the name and address of the treasurer responsible for maintaining the checking account. A candidate s treasurer may be the candidate or his or her spouse. (b) All expenditures by a candidate shall be paid by either a credit card or a debit card, check, or other electronic transfer from the single campaign checking account in the bank designated by the candidate under subsection (a)
No. 90 Page 21 of 57 of this section, or, if under $250.00, the candidate may make the expenditure from cash from that campaign checking account if accompanied by a receipt, a copy of which shall be maintained by the candidate for at least two years from the end of the election cycle in which the expenditure was made. Nothing in this subsection shall be construed to prohibit the payment of fees required to be made from a separately held online account designated solely to collect campaign contributions made to the candidate. (c) As used in this section, election cycle means: (1) in the case of a general or local election, the period that begins 38 days after the previous general or local election for the office and ends 38 days after the general or local election for the office for which that person is a candidate, and includes any primary or run-off election related to that general or local election; or (2) in the case of a special election, the period that begins on the date the special election for the office was ordered and ends 38 days after that special election, and includes any special primary or run-off election related to that special election. 2922. POLITICAL COMMITTEES; REGISTRATION; CHECKING ACCOUNT; TREASURER (a) Each political committee shall register with the Secretary of State within 10 days of making expenditures of $1,000.00 or more and accepting contributions of $1,000.00 or more stating its full name and address; the name
No. 90 Page 22 of 57 and address of the bank in which it maintains its campaign checking account; and the name and address of the treasurer responsible for maintaining the checking account. (b) All expenditures by a political committee shall be paid by either a credit card or a debit card, check, or other electronic transfer from the single campaign checking account in the bank designated by the political committee under subsection (a) of this section, or, if under $250.00, the political committee may make the expenditure from cash from that campaign checking account if accompanied by a receipt, a copy of which shall be maintained by the political committee for at least two years from the end of the two-year general election cycle in which the expenditure was made. Nothing in this subsection shall be construed to prohibit the payment of fees required to be made from a separately held online account designated solely to collect campaign contributions made to the political committee. (c) A political committee whose principal place of business or whose treasurer is not located in this State shall file a statement with the Secretary of State designating a person who resides in this State upon whom may be served any process, notice, or demand required or permitted by law to be served upon the political committee. This statement shall be filed at the same time as the registration required in subsection (a) of this section.
No. 90 Page 23 of 57 2923. POLITICAL PARTIES; REGISTRATION; CHECKING ACCOUNTS; TREASURER (a)(1) Each political party which has accepted contributions or made expenditures of $1,000.00 or more in any two-year general election cycle shall register with the Secretary of State within 10 days of reaching the $1,000.00 threshold. In its registration, the party shall state its full name and address, the name and address of the bank in which it maintains its campaign checking account, and the name and address of the treasurer responsible for maintaining the checking account. (2) A political party may permit any subsidiary, branch, or local unit of the political party to maintain its own checking account. If a subsidiary, branch, or local unit of a political party is so permitted, it shall file with the Secretary of State within five days of establishing the checking account its full name and address, the name of the political party, the name and address of the bank in which it maintains its campaign checking account, and the name and address of the treasurer responsible for maintaining the checking account. (b) All expenditures by a political party or its subsidiary, branch, or local unit shall be paid by either a credit card or a debit card, check, or other electronic transfer from the single campaign checking account in the bank designated by the political party, subsidiary, branch, or local unit under subsection (a) of this section, or if under $250.00, the political party, subsidiary, branch, or local unit may make the expenditure from cash from that
No. 90 Page 24 of 57 campaign checking account if accompanied by a receipt, a copy of which shall be maintained by the political party, subsidiary, branch, or local unit for at least two years from the end of the two-year general election cycle in which the expenditure was made. Nothing in this subsection shall be construed to prohibit the payment of fees required to be made from a separately held online account designated solely to collect campaign contributions made to the political party, subsidiary, branch, or local unit. (c) A political party or its subsidiary, branch, or local unit whose principal place of business or whose treasurer is not located in this State shall file a statement with the Secretary of State designating a person who resides in this State upon whom may be served any process, notice, or demand required or permitted by law to be served upon the political party, subsidiary, branch, or local unit. This statement shall be filed at the same time as the registration required in subsection (a) of this section. 2924. CANDIDATES; SURPLUS CAMPAIGN FUNDS; NEW CAMPAIGN ACCOUNTS (a) A candidate who has surplus funds after all campaign debts have been paid shall not convert the surplus to personal use, other than to reduce personal campaign debts or as otherwise provided in this chapter. (b) Surplus funds in a candidate s account shall be: (1) contributed to other candidates, political parties, or political committees subject to the contribution limits set forth in this chapter;
No. 90 Page 25 of 57 (2) contributed to a charity; (3) contributed to the Secretary of State Services Fund; (4) rolled over into a new campaign or be carried forward for surplus maintenance as provided in subsection (d) of this section; or (5) liquidated using a combination of the provisions set forth in subdivisions (1) (4) of this subsection. (c) The final report of a candidate shall indicate the amount of the surplus and how it has been liquidated. (d)(1)(a) A candidate who chooses to roll over any surplus into a new campaign for public office shall close out his or her former campaign by converting all debts and assets to the new campaign. (B) A candidate who does not intend to be a candidate in a subsequent election but who chooses to carry forward any surplus shall maintain that surplus by closing out his or her former campaign and converting all debts and assets to surplus maintenance. (2) The candidate may use his or her former campaign s treasurer and bank account for the new campaign under subdivision (1)(A) of this subsection or the maintenance of surplus under subdivision (1)(B) of this subsection. A candidate shall be required to file a new bank designation form only if there has been a change in the treasurer or the location of the campaign account.
No. 90 Page 26 of 57 2925. POLITICAL COMMITTEES; SURPLUS CAMPAIGN FUNDS (a) A member of a political committee that has surplus funds after all campaign debts have been paid shall not convert the surplus to personal use. (b) Surplus funds in a political committee s account shall be: (1) contributed to other candidates, political parties, or political committees subject to the contribution limits set forth in this chapter; (2) contributed to a charity; (3) contributed to the Secretary of State Services Fund; or (4) liquidated using a combination of the provisions set forth in subdivisions (1) (3) of this subsection. (c) The final report of a political committee shall indicate the amount of the surplus and how it has been liquidated. Subchapter 3. Contribution Limitations 2941. LIMITATIONS OF CONTRIBUTIONS (a) In any election cycle: (1)(A) A candidate for State Representative or for local office shall not accept contributions totaling more than: (i) $1,000.00 from a single source; or (ii) $1,000.00 from a political committee. (B) Such a candidate may accept unlimited contributions from a political party.
No. 90 Page 27 of 57 (2)(A) A candidate for State Senator or for county office shall not accept contributions totaling more than: (i) $1,500.00 from a single source; or (ii) $1,500.00 from a political committee. (B) Such a candidate may accept unlimited contributions from a political party. (3)(A) A candidate for the office of Governor, Lieutenant Governor, Secretary of State, State Treasurer, Auditor of Accounts, or Attorney General shall not accept contributions totaling more than: (i) $4,000.00 from a single source; or (ii) $4,000.00 from a political committee. (B) Such a candidate may accept unlimited contributions from a political party. (4) A political committee shall not accept contributions totaling more than: (A) $4,000.00 from a single source; (B) $4,000.00 from a political committee; or (C) $4,000.00 from a political party. (5) A political party shall not accept contributions totaling more than: (A) $10,000.00 from a single source; (B) $10,000.00 from a political committee; or (C) $60,000.00 from a political party.
No. 90 Page 28 of 57 (6) A single source shall not contribute more than an aggregate of: (A) $40,000.00 to candidates; and (B) $40,000.00 to political committees. (b) A single source, political committee, or political party shall not contribute more to a candidate, political committee, or political party than the candidate, political committee, or political party is permitted to accept under this section. (c) As used in this section: (1) For a candidate described in subdivisions (1) (3) of subsection (a), an election cycle means: (A) in the case of a general or local election, the period that begins 38 days after the previous general or local election for the office and ends 38 days after the general or local election for the office for which that person is a candidate, and includes any primary or run-off election related to that general or local election; or (B) in the case of a special election, the period that begins on the date the special election for the office was ordered and ends 38 days after that special election, and includes any special primary or run-off election related to that special election. (2) For a political committee, political party, or single source described in subdivisions (4) (6) of subsection (a), an election cycle means a two-year general election cycle.
No. 90 Page 29 of 57 2942. EXCEPTIONS The contribution limitations established by this subchapter shall not apply to contributions to a political committee made for the purpose of advocating a position on a public question, including a constitutional amendment. 2943. LIMITATIONS ADJUSTED FOR INFLATION The contribution limitations contained in this subchapter shall be adjusted for inflation pursuant to the Consumer Price Index as provided in section 2905 of this chapter. 2944. ACCOUNTABILITY FOR RELATED EXPENDITURES (a) A related campaign expenditure made on a candidate s behalf shall be considered a contribution to the candidate on whose behalf it was made. (b) As used in this section, a related campaign expenditure made on the candidate s behalf means any expenditure intended to promote the election of a specific candidate or group of candidates or the defeat of an opposing candidate or group of candidates if intentionally facilitated by, solicited by, or approved by the candidate or the candidate s committee. (c)(1) An expenditure made by a political party or by a political committee that recruits or endorses candidates that primarily benefits six or fewer candidates who are associated with the political party or political committee making the expenditure is presumed to be a related expenditure made on behalf of those candidates, except that the acquisition, use, or dissemination of the images of those candidates by the political party or political committee shall
No. 90 Page 30 of 57 not be presumed to be a related expenditure made on behalf of those candidates. (2) An expenditure made by a political party or by a political committee that recruits or endorses candidates that substantially benefits more than six candidates and facilitates party or political committee functions, voter turnout, platform promotion, or organizational capacity shall not be presumed to be a related expenditure made on a candidate s behalf. (d)(1) As used in this section, an expenditure by a person shall not be considered a related expenditure made on the candidate s behalf if all of the following apply: (A) the expenditure was made in connection with a campaign event whose purpose was to provide a group of voters with the opportunity to meet a candidate; (B) the expenditure was made for: (i) invitations and any postage for those invitations to invite voters to the event; or (ii) any food or beverages consumed at the event and any related supplies thereof; and (C) the cumulative value of any expenditure by the person made under this subsection does not exceed $500.00 per event.
No. 90 Page 31 of 57 (2) For the purposes of this subsection: (A) if the cumulative value of any expenditure by a person made under this subsection exceeds $500.00 per event, the amount equal to the difference between the two shall be considered a related expenditure made on the candidate s behalf ; and (B) any reimbursement to the person by the candidate for the costs of the expenditure shall be subtracted from the cumulative value of the expenditures. (e)(1) A candidate may seek a determination that an expenditure is a related expenditure made on behalf of an opposing candidate by filing a petition with the Superior Court of the county in which either candidate resides. (2) Within 24 hours of the filing of a petition, the court shall schedule the petition for hearing. Except as to cases the court considers of greater importance, proceedings before the Superior Court, as authorized by this section, and appeals from there take precedence on the docket over all other cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way. (3) The findings and determination of the court shall be prima facie evidence in any proceedings brought for violation of this chapter. (f) The Secretary of State may adopt rules necessary to administer the provisions of this section.
No. 90 Page 32 of 57 2945. ACCEPTING CONTRIBUTIONS (a) A candidate, political committee, or political party accepts a contribution when the contribution is deposited in the candidate s, committee s, or party s campaign account or five business days after the candidate, committee, or party receives it, whichever comes first. (b) A candidate, political committee, or political party shall not accept a monetary contribution in excess of $100.00 unless made by check, credit or debit card, or other electronic transfer. 2946. CANDIDATE S ATTRIBUTION TO PREVIOUS CYCLE A candidate s expenditures related to a previous campaign and contributions used to retire a debt of a previous campaign shall be attributed to the earlier campaign. 2947. CONTRIBUTIONS FROM A CANDIDATE This subchapter shall not be interpreted to limit the amount a candidate may contribute to his or her own campaign. 2948. PROHIBITION ON TRANSFERRING CONTRIBUTIONS A candidate, political committee, or political party shall not accept a contribution which the candidate, political committee, or political party knows is not directly from the contributor but was transferred to the contributor by another person for the purpose of transferring the same to the candidate, political committee, or political party or otherwise circumventing the provisions of this chapter. It shall be a violation of this chapter for a person to
No. 90 Page 33 of 57 make a contribution with the explicit or implicit understanding that the contribution will be transferred in violation of this section. 2949. USE OF TERM CANDIDATE As used in this subchapter, the term candidate includes the candidate s committee, except in regard to the provisions of section 2947 of this subchapter. Subchapter 4. Reporting Requirements; Disclosures 2961. SUBMISSION OF REPORTS TO THE SECRETARY OF STATE (a)(1) The Secretary of State shall provide on the online database set forth in section 2906 of this chapter digital access to the form that he or she provides for any report required by this chapter. Digital access shall enable any person required to file a report under this chapter to file the report by completing and submitting the report to the Secretary of State online. (2) The Secretary of State shall maintain on the online database all reports that have been filed digitally on it so that any person may have direct machine-readable electronic access to the individual data elements in each report and the ability to search those data elements as soon as a report is filed. (b) Any person required to file a report with the Secretary of State under this chapter shall file the report digitally on the online database. 2962. REPORTS; GENERAL PROVISIONS (a) Any report required to be submitted to the Secretary of State under this chapter shall contain the statement I hereby certify that the information
No. 90 Page 34 of 57 provided on all pages of this campaign finance disclosure report is true to the best of my knowledge, information, and belief and places for the signature of the candidate or the treasurer of the candidate, political committee, or political party. (b) Any person required to file a report under this chapter shall provide the information required in the Secretary of State s reporting form. Disclosure shall be limited to the information required to administer this chapter. (c) All reports filed under this chapter shall be retained in an indexed file by the Secretary of State and shall be subject to the examination of any person. 2963. CAMPAIGN REPORTS; SECRETARY OF STATE; FORMS; FILING (a) The Secretary of State shall prescribe and provide a uniform reporting form for all campaign finance reports. The reporting form shall be designed to show the following information: (1) the full name, town of residence, and mailing address of each contributor who contributes an amount in excess of $100.00, the date of the contribution, and the amount contributed; (2) the total amount of all contributions of $100.00 or less and the total number of all such contributions; (3) each expenditure listed by amount, date, to whom paid, for what purpose; and
No. 90 Page 35 of 57 (A) if the expenditure was a related campaign expenditure made on a candidate s behalf: (i) the name of the candidate or candidates on whose behalf the expenditure was made; and (ii) the name of any other candidate or candidates who were otherwise supported or opposed by the expenditure; or (B) if the expenditure was not a related campaign expenditure made on a candidate s behalf but was made to support or oppose a candidate or candidates, the name of the candidate or candidates; (4) the amount contributed or loaned by the candidate to his or her own campaign during the reporting period; and (5) each debt or other obligation, listed by amount, date incurred, to whom owed, and for what purpose, incurred during the reporting period. (b)(1) The form shall require the reporting of all contributions and expenditures accepted or spent during the reporting period and during the campaign to date and shall require full disclosure of the manner in which any indebtedness is discharged or forgiven. (2) Contributions and expenditures for the reporting period and for the campaign to date also shall be totaled in an appropriate place on the form. The total of contributions shall include a subtotal of nonmonetary contributions and a subtotal of all monetary contributions.
No. 90 Page 36 of 57 (3) The form shall contain a list of the required filing times so that the person filing may designate for which time period the filing is made. (4) Contributions accepted and expenditures spent after 5:00 p.m. on the third day prior to the filing deadline shall be reported on the next report. 2964. CAMPAIGN REPORTS; CANDIDATES FOR STATE OFFICE, THE GENERAL ASSEMBLY, AND COUNTY OFFICE; POLITICAL COMMITTEES; POLITICAL PARTIES (a)(1) Each candidate for State office, the General Assembly, or a two-year-term county office who has rolled over any amount of surplus into his or her new campaign or who has made expenditures or accepted contributions of $500.00 or more during the two-year general election cycle and, except as provided in subsection (b) of this section, each political committee that has not filed a final report pursuant to subsection 2965(b) of this chapter, and each political party required to register under section 2923 of this chapter shall file with the Secretary of State campaign finance reports as follows: (A) in the first year of the two-year general election cycle, on July 15; and (B) in the second year of the two-year general election cycle: (i) on March 15; (ii) on July 15 and August 15; (iii) on September 1;
No. 90 Page 37 of 57 (iv) on October 1, October 15, and November 1; and (v) two weeks after the general election. (2) Each candidate for a four-year-term county office who has rolled over any amount of surplus into his or her new campaign or who has made expenditures or accepted contributions of $500.00 or more during the four-year general election cycle shall file with the Secretary of State campaign finance reports as follows: (A) in the first three years of the four-year general election cycle, on July 15; and (B) in the fourth year of the four-year general election cycle: (i) on March 15; (ii) on July 15 and August 15; (iii) on September 1; (iv) on October 1, October 15, and November 1; and (v) two weeks after the general election. (b)(1) A political committee or a political party which has accepted contributions or made expenditures of $1,000.00 or more during the local election cycle for the purpose of influencing a local election or supporting or opposing one or more candidates in a local election shall file with the Secretary of State campaign finance reports regarding that local election 30 days before, 10 days before, and two weeks after the local election.